- 28 - $30,000, then a 1.6-percent maintenance cost would equal $480. Relatively and comparably, the $100,000 and $480 appear, at least in size, to represent an incidental as opposed to a major repair, improvement, or procedure.8 Petitioners also emphasize that the maintenance procedures take from 10 to 12 days and that the procedures are performed during off-peak season, whereas complete overhauls are performed by third parties and the engine is removed from the towboat during a 3- to 5- month process. Accordingly, there is a substantial time differential between petitioners’ procedures and a complete overhaul. By comparison, up to 5 months of towboat revenue could be lost during an overhaul. We think it is significant that petitioners perform the procedures at a time when the engines are completely serviceable and the purpose of performing the procedures is to keep the towboat engines in good operating condition. This is in contrast to the cases relied on by respondent where the property was not serviceable and had to be replaced or completely rebuilt or overhauled. For example, respondent relies on Ruane v. 7(...continued) cost of removal, installation, and refitting a new or rebuilt engine. 8 In that regard, towboats are operated about 8,000 hours per year, whereas an automobile, for example, would generally be operated for substantially fewer hours annually. Accordingly, the cost of normal maintenance for a towboat should be comparatively larger in a shorter period of time.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011